Music: instrumental performance, composition and instruction
The AAO dismissed the appeal because the Petitioner did not show that he met three of the ten criteria; it agreed on one criterion and found six others not met or not shown.
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Summary
A musician, composer and online instructor appealed the Texas Service Center Director's denial of his EB-1A petition, in which he had claimed eight criteria. The AAO agreed with the Director on one criterion, the display of his work, and examined six more, concluding that none was established. The reasons ranged from an award not shown to carry national or international recognition to published items missing required details and sales evidence that did not show commercial success. With the three-criteria threshold out of reach, the AAO set aside the original contributions claim and dismissed the appeal without a final merits review.
Findings
| Criterion / prong | AAO finding | From the decision |
|---|---|---|
| (i) Lesser nationally or internationally recognized awards | Not met | he has not established that he met this criterion |
| (ii) Membership requiring outstanding achievement | Not met | the Petitioner has not established that he satisfied the criterion at 8 C.F.R. § 204.5(h)(3)(ii) |
| (iii) Published material about the person | Not met | the Petitioner has not overcome the adverse determination regarding the criterion at 8 C.F.R. § 204.5(h)(3)(iii) |
| (v) Original contributions of major significance | Not reached | |
| (vi) Authorship of scholarly articles | Not met | he has not met the criterion at 8 C.F.R. § 204.5(h)(3)(vi) |
| (vii) Display at exhibitions or showcases | Met | We therefore agree with the Director's determination that the Petitioner satisfied the criterion at 8 C.F.R. § 204.5(h)(3)(vii) |
| (viii) Leading or critical role | Not met | The Petitioner therefore has not established that his role in any of the noted organizations was either leading or critical. |
| (x) Commercial success in the performing arts | Not met | the Petitioner has not established that he has satisfied the criterion at 8 C.F.R. § 204.5(h)(3)(x) |
Why the AAO decided this way
- The Director accepted one of the eight claimed criteria, display of work, and the AAO agreed, but found that the Petitioner did not establish the awards, membership, published material, scholarly articles, leading or critical role or commercial success criteria.
- Winning a contest and receiving a cash prize and organizational backing showed value to the winner but not that the award itself had national or international recognition, and the Petitioner did not address the Director's concerns about limited media coverage.
- The Petitioner did not show that his association memberships required outstanding achievements, and the published material was undermined by missing titles, dates or authors, with the Petitioner relying on the publications' reputation rather than the regulatory elements.
- Online views and funds raised at a charity event were not shown to reflect commercial success from sales, and later-dated course earnings could not establish eligibility as of the filing date.
- Since three criteria could not be reached even if the original contributions criterion were met, the AAO reserved that criterion and did not conduct a final merits determination.
Authorities cited
- Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010)
- Matter of Christo's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015)
- Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)
- Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013)
- Rijal v. USCIS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011)
- INS v. Bagamasbad, 429 U.S. 24, 25-26 (1976)
- Matter of Price, 20 I&N Dec. 953, 954 (Assoc. Comm'r 1994)
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